Perez v. New York City

Background

Delailah Perez and Susan Suarez brought the action representing themselves. The caption also lists Perez's unborn fetus, newborn, and two minor children as plaintiffs. The complaint was submitted without the required filing fees. Perez submitted an application to proceed without prepaying fees, but Suarez did not submit one.

Order

The court explained that proceeding with a civil action required either payment of $402—$350 for the filing fee and $52 for the administrative fee—or a signed application from each plaintiff requesting permission to proceed without prepayment under 28 U.S.C. § 1915.

Within 30 days, the plaintiffs were ordered either to pay the $402 or for Suarez to complete and submit the attached application, labeled with docket number 20-CV-11053 (CM). If the applications were granted, the plaintiffs could proceed without prepaying the fees.

The Clerk was directed to mail the order to each plaintiff and record service on the docket. No summons was to issue at that time. If Suarez complied, the case would be processed under the Clerk's Office procedures. If she failed to comply within the allowed time, she would be dismissed as a party.

Appeal and disposition

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order addressed the filing-fee and application requirements; it did not decide the underlying claims. Chief United States District Judge Colleen McMahon entered the order.